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(영문) 부산지방법원 서부지원 2018.02.20 2017고단1900
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death, etc.) is a person who is engaged in driving a car in Cknife.

On September 12, 2017, the Defendant was under the influence of alcohol concentration of 0.196% during blood transfusions on Sep. 14:25, 2017, while driving a two-lane road in front of the present elementary school in Busan Seo-gu, Busan, the Defendant was under the right ofpass at the intersection (Tin-type) which is the area of a multi-purpose bathing beach located in the area of the multi-purpose library.

Since a crosswalk has been installed, there was a duty of care to prevent accidents by checking whether there is a person who gets on the right and the right of the vehicle in compliance with the lane while reducing the speed of the vehicle.

Nevertheless, the Defendant neglected to do so under the influence of alcohol and caused the death of the victim D (68 tax) who was crossinged pursuant to the crosswalk green signals due to the negligence of the Defendant’s neglecting it, resulting in the death of the victim, such as a crypus at the Busan National University Hospital located in Seo-gu, Busan National University Hospital, which was in the process of transmitting after around September 23:30, 2017, which was in the process of transmitting the victim around September 17, 2017.

2. On September 12, 2017, the Defendant violated the Road Traffic Act (drinking) driving a CF car under the influence of alcohol with approximately 0.196% alcohol concentration at the section of about 500 meters from the cafeteria to the front road of the present elementary school in the same Gu from the cafeteria 25-ro, which is located in the 2-lane 25-lane of the city of Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A death certificate;

1. Request for appraisal and on-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (investigation into on-site situations at the time of dispatch);

1. Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act (the occupation of death or injury caused by occupational negligence and the choice of imprisonment without prison labor), and Article 268 of the Criminal Act.

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